Conditions in police stations do not justify prolonged detention, while the child’s extreme vulnerability should prevail over irregular status with necessary measures adopted to protect them. Domestic authorities had not done all that could reasonably expected to fulfil their obligation in light of their vulnerability.

The authorities violated Article 5 by automatically applying the protective custody regime, without considering any alternatives to detention or the requirement under EU law to avoid the detention of children.

The State Secretariat for Migration (SEM) must carry out an individualised examination to determine whether there are substantial grounds for believing that the asylum procedure of the Member State where the applicant shall be transferred to has systemic weaknesses that would entail a risk of inhuman treatment or chain deportation.

The Court recognised self-defence in a case where migrants were charged with assault against a police officer following their rescue at sea and their impending return to Libya. Their well-founded fear of return to Libya provided the basis for their defence of duress.

Russia had failed to substantially and effectively examine the repeated claims of the applicants that their extradition would constitute a violation of Article 3 ECHR. Given the current situation in Uzbekistan and Tajikistan and the individual circumstances of the applicants, a number of violations were found.

The applicant, a Chinese citizen, feared, if she returned to China, she would be persecuted and exposed to torture by the Chinese Communist Government due to her Falun Gong activities.

The Refugee Appeals Board did not find that she was a particular profiled member of Falun Gong or that she was wanted by the Chinese Authorities as she left China legally notwithstanding that she had been detained several times for shorter periods and imprisoned for seven years during which she was exposed to torture. However, the Board found that the Chinese Authorities were aware of the applicant ‘s...

The possibility to lodge an asylum application in practice is a prerequisite for the effective protection of those in need of international protection. If access to the asylum procedure is not guaranteed by the national authorities, asylum applicants cannot benefit from the guarantees afforded to those under the asylum procedure, leaving them subject to detention at any time. The length of time in which it took for the applicant to lodge his asylum application violated his rights under Article 13 read in conjunction with Article 3 ECHR.

According to the principle of non-Refoulement, Switzerland is obliged to apply Art. 17 Dublin-III-Regulation, examining an asylum application, if otherwise a provision of public international law could be infringed.

That is the case when there is substantial evidence indicating that an asylum seeker will be tortured again in his home country, but the originally responsible state denied asylum and decided to deport the person. It needs to be examined, whether and to what extent the authorities...

An Eritrean national claimed refugee status in Switzerland as a result of having allegedly been beaten and tortured for his attempt to escape from military service. His attempt to rely on Article 3 of the Convention of Human Rights to avoid an expulsion order issued by the Swiss authorities was denied as a result of his failure to corroborate his story with factual evidence, inconsistencies in his account and the fact that risk of ill-treatment on his return to Eritrea could be mitigated.

The applicant, an ethnic Al-Bagal and Sunni Muslim from Moraya, Nyala, Darfur, Sudan feared imprisonment or execution by the Sudanese authorities. According to the applicant’s account he had been imprisoned for alleged political activities for a total of 18 months during which he was tortured. Subsequently, he was regularly harassed by the Intelligence Service.

The Danish Immigration Service rejected the asylum application in July 2016.

On 29 November 2016, the Refugee Appeals Board upheld the decision of the Danish Immigration Service. The majority of the Board did not find...